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orator as aforesaid, for the securing the repayment of the said sum of dollars, with interest as aforesaid, and that no other deed

was executed by your orator relating to the said sum of dollars, or otherwise than what your orator has above mentioned ; and at other times, the said C. D does admit that such deed was executed as above mentioned, but does pretend, that at the time of the tender above mentioned, great arrears of interest were due and owing from your orator to the said C. D. amounting to the sum of dollars, and upwards, whereas your orator chargeth, and

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so the truth really is, that no more than the sum of lars was due and owing from your orator to the said C. D. for the interest of the said dollars at the time of the said tender; and upon the pretences aforesaid, the said C. D. refuses to come to any manner of account with your orator, or to reconvey the said premises to him, and is proceeding at law as fast as he can in order to get into possession of the said premises.

All which actings, doings, and pretences, of the said C. D. and bis confederates, are contrary to equity and good conscience, and tend to your orator's apparent wrong and injury.

In tender consideration whereof, and forasmuch as your orator is altogether remediless in the premises by the strict rules of the common law, and cannot have any discovery or relief touching the matters and things aforesaid without the aid and assistance of this honorable court, where matters of account and redemption of estate are properly cognizable and relievable. To the end, therefore, that the said C. D. and his confederates, (when discovered) may, upon his and their corporal oaths, (to the best of his and their remembrance, knowledge and belief) true, perfect, and direct answers make, to all and singular the matters and things aforesaid, as fully as if the same were herein again repeated, and they thereunto particularly interrogated, and more especially that the said C. D. may set forth whether your orator did not, and when, apply to him to borrow the said sum of dollars, or any other sum of money, and whether such deed was not executed by your orator, with such promise for the repay ment of the said sum of dollars, with interest at per cent, as above mentioned, or how otherwise, and whether your orator did not constantly, and to what time, pay the interest that became due for the said dollars to the said C. D. or some person or persons, for his use, and by his order or direction, and whether your orator did not make such tender of such several sums of money as above mentioned to the said C. D. or how otherwise,

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and that the said C. D. may set forth what was due and owing to him on the said mortgage for principal and interest and his costs at law respectively, at the time of the said tender, and that he may set forth why or for what reason he refused to receive the said several sums of money so tendered as above mentioned; and that your orator may be at liberty to redeem the said mortgaged premises; and that the said C. D. upon your orator's paying to him what shall appear to be due to him for principal and interest on the said mortgage, together with his costs at law at the time the said several sums of money were so tendered to him by your orator as aforesaid, which your orator hereby offers to pay, and that thereupon the said C. D. may be ordered to acknowledge satisfaction of such mortgage as aforesaid, or to reconvey and reassign to your orator the premises aforesaid, free and clear of all incumbrances done by him, or any claiming by, from or under him; and your orator may have and receive such further and other relief in the said premises, as the nature of this your orator's ease doth or may require, and as to your Honor shall seem meet. May it please your Honor, (the premises considered,) &c. &c.

A bill brought by an infant by his next friend against executors for a legacy.

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To the Honorable James Kent, Chancellor of the state of New-York. Humbly complaining, sheweth unto your Honor, your orator A. B. son of C. D. of the city and county of New-York, mariner, an infant under the age of twenty-one years, to wit, of about the age of six years, by his father and next friend, that E. F. of the city and county of New-York aforesaid, gentleman, being seised and possessed of a very considerable real and personal estate, did, on or about the day of in the year of our Lord one thousand

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and testament, in writing, and thereby, amongst other things, devised and bequeathed as follows: (Here cite the devise in the will.) And that upon or soon after the death of the said testator, to wit, on or about the the said G. H. and I. J.

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(the executors named in the will,) duly proved the said will before the surrogate of the city and county of New York, and took upon themselves the burthen of the execution thereof, and by virtue thereof possessed themselves of all the said testator's real and personal estate, goods, chattels, and effects, to the amount of

dollars and upwards. And your orator further sheweth unto your

Honor, that he hath by his said father and next friend, several times since his said legacy of dollars was due, applied to the G. H. and I. J. to have the same paid or secured for your orator's benefit; and your orator well hoped that the G. H. and I. J. would have complied therewith, without suit, as in conscience and equity they ought to have done.

But now so it is, may it please your Honor, that the said G. H. and I. J. combining and confederating together to and with divers other persons, as yet to your orator unknown, whose names, when discovered, your orator prays may be berein inserted as defendants, and they made parties hereto, with apt words to charge them how to injure and oppress your orator; the said confederates respectively do now absolutely refuse to pay or secure the payment of your orator's said legacy, sometimes pretending that the said testator did not make any such will, and at other times they admit that the said testator made such will, and that they have proved the same, and possessed themselves of all his real and personal estate; but then they pretend that the same was very small and inconsiderable, and not near sufficient to pay and satisfy his said testator's just debts, legacies and funeral expenses, and that they have applied and disposed of the same towards satisfaction thereof; and at the said time the said confederates do respectively refuse to set forth and discover what such real and personal estate was, or the particulars whereof the same consisted, or the value thereof, or how much thereof they have so applied, and to whom, and for what paid, or what is become thereof particularly; whereas your orator doth charge the truth to be, that the said testator died possessed of such real and personal estate to the full value aforesaid, and which was much more than would pay all his said testator's just debts, legacies, and funeral expenses; and the said confederates, or one of them, have possessed and converted the same to their own use, without making any satisfaction to your orator for his said legacy. All which actings, pretences and doings of the said confederates are contrary to equity and good conscience, and tend to the manifest injury and oppression of your orator. tender consideration whereof, and for that your orator is remediless in the premises, at and by the strict rules of common law, and is only relievable in a court of equity, where matters of this nature are properly cognizable and relievable.

To the end therefore, that the said confederates may respectively, full, true, direct and perfect answers make, upon their respective corporal oaths according to the best of their respective knowledge,

information, and belief, to all and singular the matters and charges. aforesaid, as fully in every respect, as if the same were here again repeated, and they thereunto particular y interioga ted; and more especially that they may respectively set forth and discover, according to the best of their knowledge, remembrance, information and belief, whether the said testator C. D. duly made and executed such last will and testament in writing of such date, and to such purport and effect as aforesaid, and thereby bequeathed to your orator such legacy of dollars as aforesaid, or any other, and what last will, if any other, and what date, and to any other, and what purport or effect particularly, and that they may produce the same, or the probate thereof to this honorable court, as often as there shall be occagion; and whether by such will, or any other, and what will the said testator appointed any and what other executors by name, and when the said testator died, and whether he revoked or altered the said will before his death, and when, and before whom, and in what manner, and whether the said confederates, or one, and which of them proved the said will, and when, and in what manner, and that they respectively set forth whether your orator, by his said father and next friend, hath not several times, since his said legacy was payable, applied to them to have the same paid, or secured to be paid for his benefit, or to that effect; and whether the said confederates, or one, and which of them, refused or neglected to comply with your orator's requests, and for what reasons respectively, and whether such refusal is grounded upon the pretences herein before charged, or any, and which of them, or any other, and what pretences particularly, and that the said confederates may adınit assets of their said testator come to their hands sufficient to satisfy your orator's said legacy, and subject thereto, or otherwise may set forth a particular account of the real and personal estate, goods, and effects of which the said testator died possessed or entitled unto, and the particulars whereof the same consisted, and the value thereof, and how much thereof they have applied in discharge of his said testator's debts, legacies, and funeral expenses, and to whom and for what paid, and what is become thereof particularly, and whether the said testator did not die possessed of real and personal estates, goods and effects to the value of dollars, or

what other value, and whether the same was not much more than would pay all his just debts, legacies, and funeral expenses, and that they may also set forth a just and true account of all such debts and sums of money as were really due and owing, by and from their said testator, at the time of his death, and to whom by name, and

on what security or securities, and how, and on what account such debts were respectively contracted, and which of them now remain unpaid and unsatisfied, and that they may be compelled by a decree of this honorable court, to pay your orator's said legacy of dollars, and that the same may be placed out at interest for your orator's benefit, until your orator attains his age of twenty-one years, and that the said dollars may then be paid him, and that in the mean time, the interest thereof may be paid to your orator's said father C. D. towards the maintenance of your orator, and that your orator may have such further and other relief in the premises as the nature of his case shall require, and as to your honor shall seem meet. May it please your honor, &c. &c.

Bill of Review.

To the Honorable James Kent, Chancellor of the state of New-York. Humbly complaining, sheweth unto your honor, your orator A. B. of the city and county of New-York, &c. &c. (setting forth the former bill as in the decretal order ;) and thereupon the defendants answered, and the plaintiff replied, and witnesses were examined, and their depositions published, &c. that the cause came on to hearing, and was heard and decreed by his honor the Chancellor, after which, &c. petitioned for a rehearing to his honor the Chancellor, &c. and the cause was accordingly reheard, and a decree for the reversal was made by his honor the Chancellor; (prout the decree,) and that the decree is signed and enrolled in this court; but your orator does aver and say, that he is aggrieved by the said last decree, and that he ought not to be bound thereby, nor should any such have been made or pronounced against your orator; neither ought your orator to pay, &c. as by the said decree is appointed; and that the same decree is erroneous, and ought to be reversed; and for error do, according to the course of this honorable court, assign the errors therein as followeth First, Your orator says and hopes to maintain, that, &c. which is altogether uncertain, &c. Secondly, That or which appears by, &c. to be fraudulent and corrupt. Thirdly, That, &c. was not alive at the time of the said decree made in the said cause against your orator, and so could not be bound by the said decree; and consequently your orator ought not to be bound thereby; for all which said errors and imperfections in the said decree, your orator has brought this his said bill of review; and bumbly conceives be

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